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[UnknowingInventor]

I have an idea to print an image/logo onto an item that no one currently prints on. Is this a patentable idea? I could surely patent the process I plan on using but there would be lots of ways for people to get around this with alternative methods.

An analogous example to help understand my question: imagine the time when t-shirts were simply underwear - no one printed graphics/slogans/logos on them. The same screen printing technology that exists today that existed then (more or less). And t-shirts existed. Would one, in this moment of time, be able to somehow patent or otherwise protect their idea to print on t-shirts.

Hopefully this isn't abstract. Please pepper me with as many clarifying questions as needed, I'll be tracking this post. Thanks in advance!

[CriterionD]

At least you know that you are sort of abstract.  And you apologize for the lame thread title.  I like that.  Anyways...

Hypothetically, it could be possible to patent a method of printing on T-Shirts. 

To be patentable, an invention must be both novel and non-obvious.  If shirts had been around forever, and this screen printing technology existed separately and was used to print on a wide variety of surfaces (but not t-shirts, although it was capable of being used to print on t-shirts), I don't really see how that wouldn't be obvious.  But, nobody has thought to do it despite that both "technologies" have been around for ages, so who knows.

Obviousness can be a complicated subject.  There are those on this board who can provide better feedback on it off the top of their heads, and there is case law which you can examine.  Yet, it may be very tough to get good answers without providing detail.

Can you get yourself some protection without a patent? Sure, I guess.  One thing you could do is to develop an effective marketing strategy, execute it in order to build brand equity, and use trademark law to protect your brand name and to a lesser extent your brand identity.

 

[Sudhir Kumar]

Even if your invention is novel it has to satisfy test of inventive step. Interpretation of obviousness varies from country to country, i have tried to summarise it for most of the countries in one of my article, you may refer to same if it could be of any little help. for same please log on to www.aswal.com/articles under the name Interpretation of obviousness.

[UnknowingInventor]

Thank you both for your helpful responses.

Sudhir, I read over the Interpretation of Obviousness on your website. It was helpful but still a bit abstract (since I have no direct experience in the field).

I'm interested in getting a more definitive "yes" or "no". Is my best option to contact a local Patent lawyer, sign a NDA and discuss specifics with him/her? Any other suggestions for how to get more information without revealing too many specifics?

Thanks again,


Evan

[JimIvey]

You can reduce uncertainty by talking with a professional about the specifics of your case, but don't expect a simple "yes" or "no."  Those answers rarely exist in law generally and appear to be extinct in patents.

Regards.